Sujit Narayan Prasad, J. - (1.) PETITIONER has approached this Court for two fold prayer "i) for quashing of the resolution issued under memo No. 4721 dated 26.09.2014 whereby and whereunder a proceeding has been contemplated under the provisions of Rule -43(b) of the Jharkhand Pension rules in respect of events of year 2007 -08. ii) For issuance of appropriate writ or direction upon the respondents to release the balance amount of 25% of Pension and Gratuity with statutory interest."
(2.) HEARD the parties and perused the documents on record. The brief facts of the case is that the petitioner was appointed on 29.01.1979 as Assistant Engineer in Irrigation Department in the then State of Bihar. After bifurcation of cadre, the petitioner has been allotted the cadre for the State of Jharkhand. After the cadre bifurcation, the petitioner was posted as Assistant Engineer, in Water Resources Department, Jharkhand, Ranchi. On 02.11.2007, the petitioner was granted current charge of executive engineer in Minor Irrigation Division, Husainabad, Palamau on his own scale of pay and he was relieved from the post of executive engineer in Minor Irrigation Division, Husainabad for joining the Head Quarter and he accordingly, he joined in the head quarter. The petitioner again was posted as executive engineer in current charge in Irrigation Division, Siketia, Deoghar and remained there from 30.12.2008 to 04.07.2011. On 21.02.2011, a show -cause notice was issued to the petitioner asking him reply with respect to irregularities having been committed by him in the execution of Scheme in Minor Irrigation Division, Hussainabad, Palamau. The petitioner submitted his reply on 21.04.2011 denying the entire irregularities. After submission of reply to the show -cause, no charge was framed nor was any departmental proceeding initiated against him. On 21.01.2013, the petitioner made a representation before the Joint Secretary (Management), Water Resources Department, Ranchi, for consideration of his case of promotion as he has already been acquitted in the pending criminal case including Amalpara P.S. Case No. 08 of 1998 vide judgment dated 21.12.2012, in Haider Nagar P.S. case no 25 of 2008 by judgment dated 30.03.2012 and in Amalpara P.S. Case No. 24 of 1997 vide judgment dated 28.02.2009.
(3.) THE case of the petitioner for his promotion was not considered and in the meantime the petitioner was retired w.e.f. 30th September, 2013. After superannuating from service, the respondents have issued a resolution on 26.09.2014 under the signature of Under Secretary, Water Resources Department, Jharkhand, Ranchi as contained in memo No. 4271 by which a proceeding purported to have been initiated against the petitioner under rule 43(b) of Jharkhand Pension Rules. One Shree Ashok Kumar Mishra (Retired, I.A.S.), was appointed as Departmental Enquiry Officer. Along with the said resolution dated 26.09.2014, a memo of charge dated 18.09.2014 was passed with respect to commission of irregularities, while the petitioner was posted at Hussainabad, Palamau in respect for the period of 2007 -08. The respondents in the meantime have not released the entire pensionary dues of 25% of pension and gratuity has been withheld.;